Sexual Assault

S-2019-242

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In OCCA case No. S-2019-242, the State of Oklahoma appealed Wesley Warren Peritt Weaver, II's conviction for Sexual Abuse of a Child Under 12. In an unpublished decision, the court decided to affirm the trial court's ruling that denied the State's request to introduce evidence of the defendant's prior sexual offenses as propensity evidence. One judge dissented. This case started on January 5, 2017, when the defendant, Weaver, was charged with sexually abusing his daughter, A.W., from 2011 to 2016. During a preliminary hearing, A.W. claimed that her father abused her and shared this information with her mother. The case involved testimonies from both A.W.'s mother and a forensic interviewer who assessed A.W. The State later sought to present evidence of previous sexual offenses allegedly committed by Weaver against another child, A.A., to demonstrate a pattern of behavior. A.A. testified that Weaver had molested her several years earlier. However, during a hearing, the trial court decided not to allow this evidence, stating that its probative value was less than the potential for unfair prejudice against Weaver. The State of Oklahoma appealed this ruling. They argued that the trial court made an error in not permitting the sexual propensity evidence, which could provide context for Weaver's behavior in the current case. The appellate court looked closely at the details of the case and the rules surrounding the admissibility of such evidence. Ultimately, the appellate court ruled to affirm the trial court's decision, meaning that the prior offense evidence would not be allowed during the trial against Weaver. The court concluded that the trial court's decision was reasonable and did not abuse its discretion. They found solid reasoning in the trial court's assessment of the evidence's relevance versus its potential negative impact on the jury's perception. One judge disagreed with the majority opinion, believing that the trial court had not fully considered the nuances of the sexual propensity laws and had conflated different types of evidentiary standards. This dissenting opinion emphasized the importance of acknowledging the differences between types of evidence when it comes to sexual offenses. In short, the case involved serious allegations against Weaver regarding his daughter, and while the State attempted to build a strong case by including prior incidents, the court ultimately felt that allowing such evidence would not be appropriate during the trial.

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F-2018-595

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **GARRET TAYLOR MANKIN,** Appellant, Case No. F-2018-595 **v.** **STATE OF OKLAHOMA,** Appellee. --- **FILED IN COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA, JUL 11 2019** John D. Hadden, Clerk --- ### SUMMARY OPINION **HUDSON, JUDGE:** **Background:** Garret Taylor Mankin was tried and convicted in a nonjury trial in Pontotoc County District Court (Case No. CF-2015-347) for two counts of Lewd Acts with a Child Under Twelve (Counts 1 and 3), violating 21 O.S.Supp.2013, § 1123(A)(2). He was sentenced to twenty-five years imprisonment for each count, with the last five years of both sentences suspended. Originally charged with eleven counts, the trial court dismissed the majority by agreement of the parties. Mankin must serve eighty-five percent of his sentence before being eligible for parole. **Propositions of Error:** Mankin raises two propositions of error concerning the trial court's admission of hearsay statements from the alleged victims, P.M. and F.Y. 1. **Admittance of P.M.'s Hearsay Statements:** Mankin argues that the hearsay statements made by P.M. were not inherently trustworthy. The court found that the statements were admissible under 12 O.S.Supp.2013, § 2803.1, which allows for the admission of hearsay statements made by children under twelve regarding sexual contact against them if deemed reliable. Upon review: - P.M. disclosed the inappropriate touching to both her mother and a forensic interviewer, with consistent elements in her accounts. - Merely due to the nature of her disclosure or the method of questioning, the statements remained trustworthy. - The court determined that there was no abuse of discretion in this ruling. 2. **Admittance of F.Y.'s Hearsay Statements:** Mankin contends that F.Y.’s statements were not spontaneous or consistent, arguing similar points regarding terminologies used and that they lacked reliability. Upon review: - F.Y. made statements on the same day she was seen being inappropriately touched. - The mother’s questioning was open-ended and not leading. - F.Y.'s use of child-appropriate language (referring to the genitalia as a fat leg) supported the statement’s reliability. - The trial court's decision to admit the statements was upheld due to sufficient indicia of reliability. **Outcome:** After thorough consideration of the entire record and the propositions raised, the Court found no error that warranted relief. The judgments and sentences imposed by the District Court were affirmed. **Concurrences:** - Lewis, P.J. - Kuehn, V.P.J. - Lumpkin, J. - Rowland, J. **Opinion Filed:** Hudson, J. **Note**: For further details, you can download the full opinion [here](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-595_1735312387.pdf).

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F 2012-639

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In OCCA case No. F 2012-639, Marty Lee Langley appealed his conviction for lewd molestation. In a published decision, the court decided to reverse the conviction and remand for a new trial. One judge dissented. Langley was found guilty of lewd molestation after a jury trial in Marshall County. The incident involved two separate and unrelated claims of molestation, but the jury was instructed that they could convict Langley based on either act. Langley argued that this was unfair because the jury should have agreed on one specific act. The court agreed that this was a significant error, stating that all jurors must be on the same page about which act they are considering when deciding a case. Additionally, the prosecutor made comments during closing arguments that suggested the jury should convict Langley to prevent him from harming other children in the future. The court found this to be improper as it is not right to convict someone based on the idea that they might commit future crimes. While Langley had other claims about the fairness of his trial and the effectiveness of his legal counsel, the court determined that the main issue had to do with the way the jury was instructed and the prosecutor's comments. Because of these errors, Langley's original trial was deemed unfair, leading to the decision for a new trial.

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F-2011-1019

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In OCCA case No. F-2011-1019, Timmy Howard Dickey appealed his conviction for Child Sexual Abuse. In an unpublished decision, the court decided to modify his conviction to Incest instead. Two judges dissented. Timmy Howard Dickey was tried by a jury and found guilty of Child Sexual Abuse. The trial occurred in the District Court of Caddo County, and the judge sentenced him to 5 years in prison. Dickey was charged with having sex with his 17-year-old niece, B.D. The charges came to light when B.D. reported to the police that Dickey had raped her. Dickey's main argument on appeal was about the definition of a person responsible for the health, safety, or welfare of a child. He claimed that the court didn't have enough evidence to show that he was in a position of responsibility for B.D. at the time of the incident, which was necessary for a conviction of Child Sexual Abuse according to the law. The court agreed with Dickey’s argument, stating that there wasn't enough proof that he was a custodian as defined by the law. The law categorized those responsible for a child’s welfare, and the court found that Dickey did not fit into these categories like parents or legal guardians do. Since the legal definition of custodian requires formal authority granted by a court, and Dickey did not have such authority, the court found his conviction for Child Sexual Abuse could not stand. Even though they found insufficient evidence for that specific charge, the court acknowledged that Dickey did commit a serious crime against B.D. They indicated that it would be more fitting to change his conviction to Incest, recognizing that Dickey admitted to having consensual sex with B.D. during an interview after the incident. Ultimately, the court decided to change Dickey's conviction from Child Sexual Abuse to Incest but kept the sentence at 5 years of imprisonment. The decision was made to send a strong message about the seriousness of the crime. In conclusion, Dickey's charge was modified to recognize the seriousness of his actions, but technically, he was incorrectly charged at first. The judges had different opinions on the case, with two of them disagreeing with the court's decision to alter the conviction.

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F-2011-877

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In OCCA case No. F-2011-877, Dennis Lynn Miller appealed his conviction for multiple offenses, including child sexual abuse, first-degree rape, forcible oral sodomy, attempted first-degree rape, kidnapping, assault with a dangerous weapon, and intimidation of a witness. In an unpublished decision, the court decided to affirm his convictions for counts one through six and eight, while reversing and remanding count seven for dismissal. One judge dissented. Miller was convicted after a jury trial in Muskogee County, where he faced serious accusations of abusing his adoptive daughter, L.M. The abuse began when L.M. was around thirteen years old, involving both physical violence and sexual acts that lasted for several years. Miller's conduct included threats of violence to control L.M. during these acts, which left her frightened and unwilling to report the abuse. L.M. eventually confided in a friend, and authorities were contacted, leading to a police investigation that confirmed multiple instances of abuse. Although Miller challenged the admissibility of certain evidence related to his past behavior and the sufficiency of the evidence supporting his convictions, the court determined that the substantial evidence supported the jury's decisions. The court acknowledged that some evidence may not have been properly objected to during trial, but found that the lack of objections by defense counsel did not significantly harm Miller's case, as the victim's testimony was clear and credible. The court ultimately ruled that Miller's conviction for assault and battery with a dangerous weapon should be reversed as the evidence did not support that a dresser was used in a manner that constituted a dangerous weapon. In summary, the court upheld most of Miller's convictions while dismissing one, citing the overwhelming evidence against him and the credibility of the victim's testimony.

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F-2010-555

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In OCCA case No. F-2010-555, Keighton Jon Budder appealed his conviction for First Degree Rape (Counts I and III), Assault and Battery with a Deadly Weapon (Count II), and Forcible Oral Sodomy (Count IV). In an unpublished decision, the court decided to modify his sentences for Counts I and III to life imprisonment with the possibility of parole. One judge dissented.

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F-2007-909

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In OCCA case No. F-2007-909, Val Wilkerson appealed his conviction for Rape by Instrumentation. In an unpublished decision, the court decided to affirm the judgment but modified his sentence from thirty years to fifteen years imprisonment. One judge dissented. Val Wilkerson was found guilty by a jury in Haskell County for a serious crime. The jury decided on a punishment of thirty years in prison. After the trial, Wilkerson felt that things went wrong and he raised several points to appeal. First, he argued that the State used too much unfair evidence from other incidents that made him look bad. He thought this made the trial unfair. Second, he believed it was wrong for the prosecutors and police to mention that he had stayed quiet when asked questions. Third, he said the court did not give the jury the correct instructions. Lastly, he claimed that all these mistakes together made his trial unfair. The Court looked over everything carefully and agreed that the way other crimes were presented was a problem. They found that even though some earlier actions of Wilkerson were similar to what he was accused of, the older incidents happened a long time ago and should not have been brought up so much in his trial. The Court determined that while some bad evidence was allowed, the main evidence against Wilkerson was enough for the jury to find him guilty. However, the additional bad evidence likely influenced the length of the sentence because the prosecutor asked the jury to consider these past actions when deciding on punishment. Since the Court believed that the jury was distracted by this unfair evidence while deciding on the punishment, they changed the sentence to fifteen years instead of thirty. They also concluded that other issues raised by Wilkerson either did not affect the trial’s fairness or were fixed by the trial court’s instructions. In summary, the court upheld the conviction but agreed that the punishment was too harsh and lowered it. One judge disagreed and believed the case should be tried again.

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F-2005-716

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In OCCA case No. F-2005-716, #Smith appealed his conviction for #Indecent or Lewd Acts with Child Under Sixteen. In an unpublished decision, the court decided #to reverse and remand for a new trial. #n dissented. In this case, Smith was found guilty of committing indecent acts with a young girl named T.C., who was ten years old at the time of the incidents. It all began when T.C. and her family traveled to Oklahoma due to the death of her grandmother. While in Oklahoma, Smith befriended T.C.'s parents and was allowed to spend time with T.C. while her parents worked. One day, Smith took T.C. to a swimming pool. Several women observed Smith engaging in suspicious behavior with T.C., such as fondling her and kissing her inappropriately. They felt that T.C. looked scared and uncomfortable. After watching the situation for about two hours, they called the police. The police spoke to T.C. and her parents, but at first, T.C. denied that anything inappropriate had happened. However, during the police investigation, Smith made troubling statements, including mentioning that he had previously been convicted of a similar crime against his own daughter. During the trial, T.C. testified that she thought of Smith like a grandfather and said he never touched her inappropriately at the pool. However, the other witnesses provided consistent testimonies about what they observed. The jury ultimately believed the eyewitnesses over T.C.'s denial of the abuse. Smith's defense argued that the evidence was not sufficient, and they challenged whether the trial was fair. They also raised several legal points regarding sentencing and the inclusion of evidence from past crimes. The court agreed with some of these points, particularly regarding the trial's fairness and the admissibility of evidence related to Smith's prior convictions. In the end, the court reversed Smith's conviction and ordered a new trial because they found issues in how evidence and instructions were handled during the original trial. Smith will now have another chance to contest the accusations against him.

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